Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-10-22
FOR $4,000.

FOR $4,000.
The Libel Suit A9ainss The Miner Pub
ushiag COMPANY by the Tenants Of
the Lissis 4Bl6ck-othsr coar Pro-
eeedias. 1ess..slay.
The ibsl suit Of Nettie Ray ct al. vs..
Tho Miner Publishing Company occupied
the attention Of the Court for most OF the
day. The plaintiffs placed their case in
the hands OF Messrs. Campbell, Forbis and
Knowles; Messrs. Napton and Sharp ap.
pearing for the defence.
The jury consists Of +. B. Harper. ia.
cob Osenburg. Vi. A. Sawtelle, D. ] Charles.
F. F. Courtenay, James RamsdelI, ]. w.
j. W. Kemper, John Findlay, David
Miller. J.C. Rezuor. E. d. Aiken, and Geoi-
frey Lavelle.
Tn first witness was Mrs. Rae. who
testi6.d that she is and has been for many
years q lodging house keeper in Butee.
A question by Mr.. Campbell az 10 the
difficulty between the plaintiffs and Mr..
l AlCXCu1U06e I'D oOJCNCCO W. w Aks ANdRCOAy
as being q personal matter and not peril
nent to the case. The argument thereon
lasted until the adjournment at noon.
At the afternoon session OF the Court
the case was resumed. Mr.. Napton ar
eued that as a condition precedent to the
collection OF damages, the plaintiffs
would have to show specifically the inju-
rious effects of the publication upon their
business, but that the ~pleadings were not
specific.
Mr.. Forbis argued that general allegation
OF damages was sufficient, upon which the
plaintiffs could recover whattv yer the jury
may assess upon the malice displayed by
Zieeenfuss to do the plaintiffs up, and ruin
them in their business. He claimed that
his clients have q public. house. and have
been hurt in their business by the publica-
tons in The MINER.
Mr. Napton replied that specific damage
must be shown by specific loss Of custom.
The Judge thought the cause OF action
sufficiently stated, and overruled tho Oh
ieetions.
Tho examination Of the witness
MRS. Rael was resumed by
Mr.. Campbell, when she continued:
Ziegepfuss was in my house, and I asked
him il he didn't think he had better let up
on those articles, as I would tell all ]
knew about him. He said no one could
make him let up, l could tell all pleased;
no one would believe me. l was losing
in the L'szie Block after the publications.
I went to Clark and told bin of it. He
asked what cause. I said Ziegenfuss had
promised to give me q shaking up in the
| paper. Mr.. Clark said he was very sorry
but could do nothing for me. I went to
| Mr.. Thornton, who thought Mr.. Clark
could ave stopped it. and wal very much
astonished."
Counsel for plaintiffs offered in evidence
the papers in which the alleged libel ap-
pcared.
Mrs Rae testified as to the number Of
rooms she had occupied. Counsel asked
how much she received from those forty.
two rooms before the publication, when
Mr.. Napton objected. The objec-
ton was over-ruled. Witness resumed:
Something over $500 q week. Since publ
cation Of articles roomers commenced to
leave on account Of the name the house
was given, and I had to take the furniture
out of one of the houses and store it. Re-
ceipts ran down to 500 q week. I gave
up the house on Broadway after these
publications as the business was hurt. l
held the Lizzie Block by mortgaging the
furniture to Mr.. Hyde. If l didn't pay the
rent he was 10 take the furniture. / haven't
kept up payment of rent because l haven't
had roomers, and now owe over $1,000.
Counsel asked the reason for the falling
off Of roomers. Mr.. Napton objected to
the question, no special damages being
alleged in complaint. Objection sustained.
Cross examined by Mr.. Napton; Ny
husband resides in Lizzie Block. He was
there when the publications were made.
He has been my husban nd for seven years.
l can't remember the date when Ziegenfuss
wa there.
Counsel asked who was the woman who
went there with Ziegenfuss. Witness re.
fused to answer, but ans~ er being insisted
upon said:
1t WAS Lizzie Rose, q song and dance
oma She vas q ledger, as were Lizzie
Cassidy, Mabel Pearl and other actresses
from the Comique. I don't think any
ladies except actresses from the ComiqYp
stayed at the Grand Central. Nearly ali
we're married and had their husbands with
them. They came into the house very
never wat but one quarrel in TIE Grand
Central. The girls were performers; some
dancers, some singers. There was one
woman of bad reputation. Ida Quinn, in
the Lizzie Block. l found she was bad and
told her to leave. Mabel Bird stayed there
too. and behaved herself while she was
there. She and Lizzie Cassidy didn't movs
out after the publications because they
knew they were all false. They were jus, /
as nice people az I knew OF. Nearly all the
'odgers left after the publications; said
they wer sorry. There was talk OF pulling |
the house because it was outsideof the pre- |
scribed limits. l asked MIR. Frank and Mr.. |
stone about it and they said they didn't
believe there was anything in it. Twas told
by a gentleman that the Lizzie
Block was to be pulled. I was not |
acquainted with tie dodgers in the
Lizzie Block. When women from the !
Comique came I told them I wouldn't have
them bring any men there. Ida Quinn
stayed there several weeks. I didn't know
she was Ida Quinn until one day, when she
came out of her room for water. Two
men were standing on the stairs. One of
them asked the other if it wasn't Ida
Quinn and laughed. I thought there was
something wrong, and afterward asked her
if she wasn't Ida Quinn. She said that
was her name before she was married. l
told her to leave. Ny husband told me
what she had been. Jew Kitty
stayed there some time. Sutton
was there about three months
ago. Jessie Porter was a lodger there
for over a year. I don't know anything |
that applied for board and lodging, and II
| saw anything wrong about them, turned
them out. There's is q bell from the Lizzie
Bl.ck to the Comique to call for dri.: ks,
| suppose. II my tenants tried to induce
to go upstairs in the Lizzie Block
didn't know it. l turned out several par
ties for talking across the street to people.
statements in THE MINER are not
If they are, let Ziegenfuss come here
and prove it. He's got a show now. 1
never spoke a word to him until I turned
him out. He's the worst man l l know. A
dog couldn't be any lower ard meaner.
turned hin out for bad conduct, and I
don't care to say what it was. It was in
the Grand Central after 2 O'Clock in the
He had a woman with him
Ida Rose. Mr.. Koch said he couldn't
10 anything for me after the
He said it was "a
name to have Ziegenfuss connected with
The Taper; that it was a blarkmailings sheet.
don't know the reputation of the variety
women. l don't pretend to know any
)ody's repution but my own I rave seen |
OTIS OF men in my house. but for what pur- !
pose I DIDN'T know. l didn't suppose they I
we're there for immoral purposes l didn't
know Society Red to stop witt Jessie Eos 1
er. l found a man named Bitter Red was
with her and ordered her to leave. ,
didn't kno of other men coming there =